The oldest confidential communication privilege known to the common law was the
_____ privilege.
a. attorney”client
b. priest”penitent
c. doctor”patient
d. reporter’source
The principal argument against the exclusionary rule is that society pays a high price to
secure its benefits.
a. True
b. False
Any time the prosecution loses, displaces, or destroys important evidence in a criminal
case, it is automatically a violation of due process.
a. True
b. False
The burden of _____ requires the party with the burden on a factual issue to introduce
sufficient relevant evidence to prove the fact at issue.
a. evidence
b. proof
c. persuasion
d. production
If police fear violence or destruction of evidence when executing a search warrant, they
can request a(n) _____ warrant.
a. general
b. anticipatory
c. no-knock
d. participatory
Inmates in prisons and jails may be searched for weapons or contraband _____.
a. only with a warrant
b. only upon probable cause
c. only upon reasonable suspicion
d. randomly or at any time without any particularized individual suspicion
A guilty plea in which the defendant continues to assert innocence is called a/n _____
plea.
In 1999, in the Kumho Tire Co. decision, the Supreme Court extended the Daubert test
to _____.
a. hearsay
b. ancient documents
c. technical evidence
d. DNA evidence
The Miranda decision was handed down by the U.S. Supreme Court in 1966.
a. True
b. False
Animal DNA can be linked to the crime scene and used as evidence.
a. True
b. False
If the declarant makes a statement that could subject them to criminal charges, the
statement would probably be admissible under the exception for statements _____.
a. of exculpation
b. against penal interest
c. contrary to reputational security
d. contrary to Miranda rights
Videotaping or other surveillance involves the Fourth Amendment if it occurs in a place
where the defendant _____.
a. is the owner
b. has a belief that no videotaping is permitted
c. is deceived by the police about videotaping in a public place
d. has a reasonable expectation of privacy
The first ten amendments to the U.S. Constitution are known as the _____.
a. Habeas CorpusAct
b. Bill of Rights
c. Magna Carta
d. Declaration of Rights
If the government forced a person to create or produce an incriminating document, it
would violate the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Seventh
When the exclusionary rule applies, the evidence will be _____.
a. truncated
b. didacted
c. assimilated
d. excluded
Case 18.2
The police have been called by a hiker who discovered two bodies deep in the woods.
Upon arrival, the police secured the crime scene, interviewed the hiker, and took
photographs of the bodies. The crime scene investigator is not sure how long the bodies
have been in the woods, though he estimates they have been here for at least several
weeks. Photographs taken of the faces so far have yielded no positive identification. In
addition, no missing persons report matched the photographs.
The time of death is important to the investigation. The most useful test for time of
death in the current case will likely be
a. lividity.
b. rigor mortis.
c. forensic entomology.
d. DNA evidence.
To fall within the hearsay rule, the testimony must be offered to prove the _____.
a. credibility of the witness
b. truth of the matter asserted in the statement
c. credibility of the declarant
d. unavailability of the declarant to testify
Direct evidence is evidence that proves a fact _____.
a. without the need of inferences or presumptions
b. by the drawing of inferences
c. by the use of inductive or deductive reasoning
d. by judicial notice
Evidence of prior similar crimes or bad acts is never admissible against a criminal
defendant.
a. True
b. False
Exceptions to the law of hearsay evidence tend to be simple and straight forward.
a. True
b. False
The U.S. Supreme Court has specifically held that public school boards may require
random drug testing of _____.
a. all students
b. student athletes and those involved in extracurricular activities
c. students who are arrested for drug offenses
d. students who are members of gangs
The Massiah rule is designed to protect the defendant’s _____.
a. Miranda right to an attorney
b. Sixth Amendment right to an attorney
c. Miranda right to remain silent
d. Sixth Amendment right to confront witnesses
In Thornton v. U.S. (2004), the Supreme Court expanded the authority of officers to
search vehicles incident to a lawful arrest.
a. True
b. False
Case 18.1
FBI Agent Mannix has arrived at a Federal Reserve Bank robbery crime scene. The
bank robbers got away with several hundred thousand dollars, but not before they
terrorized the patrons of the bank and shot one of the tellers. The teller was seriously
injured, but is expected to make a full recovery. In addition to the spent shell casings
from the shotguns used to scare everyone in the bank to ensure swift compliance with
their demands, bank robbers left behind the note they passed to the teller demanding all
the money in their cash drawers. One of the bank robbers was injured by broken glass
and left his bloody gloves in a dumpster in an alley behind the bank.
The gloves found at the crime scene
a. will only be admissible if the perpetrator consents.
b. may yield useful DNA evidence.
c. may contain gunshot residue that will identify the shooter.
d. will help with ballistic fingerprinting.
Federal law enforcement agencies are created by _____ to enforce specific federal laws.
a. the President
b. the Legislature
c. the Senate
d. Congress
The Fifth Amendment requires that defendants receive notice of any charges brought
against them.
a. True
b. False
Experts agree that certain specific variables contribute greatly to eyewitness_____
a. accountability
b. satisfaction
c. misidentification
d. profiling
Miranda warnings are not required if the person is not in custody.
a. True
b. False
The leading U.S. Supreme Court case on due process and eyewitness identification
procedures is probably _____
a. Neil v. Biggers.
b. U.S. v. Wade.
c. People v. Kelly.
d. Pennsylvania v. Proctor.
The Fourth Amendment applies to voluntary encounters.
a. True
b. False
The English common law writ (also adopted in the U.S.) that allowed challenges to the
legality of custody or imprisonment was the writ of_____.
a. certiorari
b. habeas corpus
c. mandamus
d. pro hac vice
The first witnesses to testify in a criminal case are prosecution witnesses.
a. True
b. False
Inferences of guilt cannot be drawn from the fact that the defendant exercises the _____
Amendment privilege against self-incrimination.
About 20% of the cases that go to trial are tried before a(n) _____.
Differentiate a presumption from an inference.
Extensive listings of individual rights are found in the Fifth and _____ Amendments.
Explain and discuss how Crawford v. Washington (2004) made major changes in the
law. Explain why you agree or disagree with the decision.
The definition of hearsay refers to a statement other made by an out-of-court _____.
A(n) _____ is a formal criminal charge issued by a grand jury.
Discuss the conditions that must be met for a reasonable expectation of privacy to exist.
The public safety exception to _____________ has been used many times since it was
created in 1984.
Unreasonable searches and seizures that violate the _____ Amendment can trigger the
federal exclusionary rule.
Define “conduct that is not meant to communicate” is relation to the hearsay rule.
Provide an example.
In some cases, court may take ____________________ of the validity of underlying
scientific theories and techniques.
The U.S. Supreme Court has created relaxed requirements for ____________________
warrants dealing with fire, health, and safety regulations.
In _____ v. United States, the U.S. Supreme Court described the scope of the
exclusionary rule and its application to indirect evidence.
The law of electronic surveillance was modified by the USA ____________________
Act.
Discuss how habeas corpusdefines/limits our judicial process for enemy combatants.